Comins v. Scrivener

BRATTON, Circuit Judge.

Jay Comins instituted this action against Robert Scrivener to recover damages for personal injuries sustained and expenses incurred as the result of a traffic accident which occurred on the highway between Santa Fe and Las Vegas, New Mexico. Each of the parties was driving his automobile on the highway, plaintiff going north and defendant south. The two automobiles collided and both parties suffered personal injuries. The court submitted to the jury the issues of primary negligence and contributory negligence. The issue of primary negligence submitted was whether as the…